Non-judicial grievance mechanisms as a route to remedy - an unfulfilled opportunity
Under international human rights law, violation of a human right gives rise to a right to remedy. Non-judicial grievance mechanisms provide an opportunity for those seeking remedy after facing human rights abuses perpetrated by companies.
The right to remedy is a principle upheld by the “Protect, Respect and Remedy” framework of the UN Guiding Principles on Business and Human Rights (UNGPs).
The UNGPs set out a clear framework on the obligations of States and businesses to human rights. Whereas it is the State’s obligation to protect human rights, businesses have a responsibility to respect human rights, and both have a role to play in providing remedy processes where they have failed in these responsibilities.
This study reveals that current non-judicial remedy procedures are failing, and how far RSPO, FSC, OECD, Unilever and CAO complaints procedures are far from realising UNGP norms. Reforms are needed, therefore complaints mechanisms must be radically overhauled to be accessible, transparent, predictable, equitable, rights-compatible and provide effective remedy. Human rights defenders need protection during grievance and remedy procedures, and care needs to be taken not to exacerbate the risks that they face.
Overview
- Resource Type:
- Briefing Papers
- Publication date:
- 27 November 2020
- Translations:
- Spanish: Mecanismos de reclamación extrajudiciales como vía de remediación – una oportunidad incumplida Indonesian: Mekanisme pengaduan non-yudisial (rekonsiliasi) sebagai salah satu jalan penyelesaian - peluang yang tidak terpenuhi